As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
[CC 2001 §9.20.010; Ord. No. 7.01-3 §§1 — 3, 5-9-1989]
A. No
person or corporation shall mar, injure, destroy or deface or aid
in injuring, destroying or defacing in the City any public or private
property or cause to be posted or stuck any handbill or placard upon
any public or private building or upon any fence, pole or other property
within the City without the permission from the owner or occupant
first obtained; or mar, injure, destroy or deface or cause to be marred,
destroyed, injured or defaced any bridge, fence, tree, street sign,
awning, lamppost, electric light post, fire hydrants, pumps, fountains,
manholes or sewer ventilators, telephone or telegraph wires or electric
wires of any kind, or the poles sustaining or attaching them, statue,
monument or plaque, or official notices or signs posted by the State,
the City or any public agency, or apparatus or any other property
not belonging to the person so offending, whether public or private.
B. It
is unlawful for any person or corporation to:
1. Extinguish or diminish the light from any public street light;
2. Obstruct the mouth of any sewer or drain or remove, possess or sell
any inlet, manhole cover, or sewer ventilator or any part of any sewer
or drain without written authorization from the City Administrator
or designate;
3. Remove any protection which is placed to cross freshly paved or repaved
streets;
4. Throw stones, bricks or other missiles into any street, yard, vacant
lot, public park or square, or market;
5. Lock or unlock without authority or break open any gates of any public
square, park or playground of the City;
6. Place any obstruction within fifteen (15) feet of any fire hydrant
or open any valve, box or manhole cover controlling access to or use
of a public utility or underground conduit;
7. Use any City facility or enter into any City property without authority.
C. Any
person or corporation violating any provision of this Section shall
be fined not less than five dollars ($5.00) nor more than five hundred
dollars ($500.00) and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[CC 2001 §9.20.020; Ord. No. 7.01-4 §§1 — 4, 6-13-1989]
A. Definitions. For the purpose of this Section, the following
definitions shall apply:
PERSON
The City or any individual, firm, partnership, association,
company, corporation, government unit, government agency or organization
of any kind.
PROPERTY
Includes any real estate, including improvements thereon,
and tangible personal property.
VANDALISM
The willful or purposeful damaging or defacing within the
corporate limits of the City of another person's real or personal
property, without the other person's consent.
B. All
acts of vandalism are declared to be unlawful.
C. The
City or any person, partnership, corporation, association or other
incorporated or unincorporated religious, educational or charitable
organization whose property is damaged may make a complaint for the
enforcement of this Section, provided the proceedings are to be brought
in the name of the City.
D. Penalties.
1. Any person found guilty of an act of vandalism as defined in this
Section shall be subject to penalties as follows:
a. A fine not less than ten dollars ($10.00) nor more than five hundred
dollars ($500.00); or
b. A period of conditional discharge not to exceed one (1) year; and
2. The conditions of a conditional discharge may include that the defendant:
a. Not violate any criminal Statute or quasi-criminal ordinance of any
jurisdiction;
b. Periodically report to or appear in person before such person or
agency as directed by the court for the purpose of reviewing the defendant's
fulfillment of the conditions of the conditional discharge;
c. Make restitution or reparation in an amount not to exceed the actual
loss or damage to property and pecuniary loss; and
d. If the defendant is an unemancipated minor, reside with his/her parent
or legal guardian or in a foster home, attend school, attend a non-residential
program for youth, or contribute to his/her own support at home or
in a foster home.
3. When a court orders restitution or reparation as a part of a conditional
discharge, the court shall determine the amount and conditions of
payment. When the conditions of payment have not been satisfied, the
court, at any time prior to the expiration or termination of the period
of conditional discharge, may impose an additional period of not more
than two (2) years. Only the conditions of payment shall continue
to apply during such additional period.
4. When a charge is filed charging a violation of a condition imposed
for conditional discharge, the court:
a. May order a summons to the offender to appear or order a warrant
for the offender's arrest where there is danger of his/her fleeing
the jurisdiction or causing serious harm to others or when the offender
fails to answer a summons. The issuance of a warrant for failure to
answer a summons shall stay the sentence of conditional discharge
until the final determination of the charge. The term of conditional
discharge shall not expire if the hearing date is after the date previously
fixed for expiration.
b. Shall conduct a hearing of the alleged violation. The court may admit
the offender to bail pending the charge.
c. Shall receive evidence in open court with the right of confrontation,
cross-examination, and representation by counsel. The City has the
burden of going forward with the evidence and proving the violation
by a preponderance of the evidence.
d. Shall not revoke a conditional discharge for failure to comply with
conditions of a sentence which imposes financial obligations upon
the offender unless such failure is due to his/her willful refusal
to pay.
e. May modify the conditions of a conditional discharge on the motion
of the City or on its own motion or at the request of the offender
or the request of the victim of the vandalism after notice to all
parties and a hearing.
5. If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it
may extend the time, with or without modifying or enlarging the conditions,
or may impose any other penalty that was available at the time of
the initial penalty.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.